[CCWG-ACCT] Human Rights draft text for third reading

Nigel Roberts nigel at channelisles.net
Tue Jan 26 13:23:16 UTC 2016


The text is overcomplicated and it appears to me that it removes all 
legalobligations on ICANN to respect internationally accepted human 
rights principles, since they do not form part of applicable law in 
California.

If that is what the CCWG wants, I am disappointed.



On 26/01/16 12:44, Kavouss Arasteh wrote:
> Dear Jordan
> Thank you very much for the message
> In regard with your first point
> Quote
> /"will not enter into force" does indeed render the clause ineffective
> until the FoI it mentions is developed. I understand from you (offline)
> that this is the case, but others might wonder the same thing."/
> /Unquote/
> Yes it will
> In fact the term" /will not enter into force" /is more appropriate from
> legal point of view than the term /"will be ineffective"/
> /.../
> /In regard with your second point /
> /Quote/
> " /wherever we land on this question, I just want to signal my own view
> as a "Member" of the CCWG that I am relaxed about whether this is WS1 or
> 2 - my own personal view is that the important thing is that the
> approach to interpreting and applying human rights in the ICANN context
> is developed by the ICANN community before bylaws-type obligations or
> requirements come into effect."/
> Unquote
> It may be the case that some or many CCWG members are relaxed but other
> are not that is why several others prepfer to push it to WS2.
> Regards
> Kavouss
>
> 2016-01-25 22:43 GMT+01:00 Jordan Carter <jordan at internetnz.net.nz
> <mailto:jordan at internetnz.net.nz>>:
>
>     Thank you Leon. This is one of the issues I have not followed in
>     huge depth, and I acknowledge the expertise and energy deployed
>     through WP4 as well as all the other comments that have come in on this.
>
>     I would like to offer two thoughts.
>
>     First, this proposed approach is fine with me so long as our lawyers
>     can certify that "will not enter into force" does indeed render the
>     clause ineffective until the FoI it mentions is developed. I
>     understand from you (offline) that this is the case, but others
>     might wonder the same thing.
>
>     Second, wherever we land on this question, I just want to signal my
>     own view as a "Member" of the CCWG that I am relaxed about whether
>     this is WS1 or 2 - my own personal view is that the important thing
>     is that the approach to interpreting and applying human rights in
>     the ICANN context is developed by the ICANN community before
>     bylaws-type obligations or requirements come into effect.
>
>     This text seems to deliver that. So would pushing the matter off to
>     WS2.  I'll happily stand with consensus either way.
>
>     cheers
>     Jordan
>
>
>     On 26 January 2016 at 09:40, León Felipe Sánchez Ambía
>     <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>> wrote:
>
>         Dear all,
>
>         In anticipation for our call tomorrow I am sending you the
>         proposed language for the Human Rights bylaw. This text tries to
>         address all the concerns that were raised in our recent calls
>         and on the mailing list.
>
>         Please take a momento to review the proposed text and provide
>         your feedback at your earliest convenience.
>
>
>
>         Best regards,
>
>
>         León
>
>
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>
>
>     --
>     Jordan Carter
>
>     Chief Executive
>     *InternetNZ*
>
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>
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